Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From collecting medical and service proof to filing an appeal of the denial of your claim.

Choose a veteran disability attorney who is specialized in these types of cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it can be established that your condition is related to your military service. This is referred to as a linkage. You can use different types of evidence to prove the connection. These include medical documents, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the case of mental health conditions). There are times where veterans are diagnosed with medical disabilities, but they are not able to be service connected because of the absence of or insufficient documents. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and provide evidence backed by unbiased experts.

It is easier to establish a direct connection if injuries or illnesses occurred during your time in the military. If you were injured in the military and now suffer from headaches and concussions, it's much easier to prove a direct service connection.

However, it's more difficult to be connected if you have an existing medical condition that got worse while you were in the military. To prove that your service time aggravated or worsened a pre-existing health condition, you'll have to present medical evidence that is "clear and irrefutable".

Appealing an Denial

After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA typically issues a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to file a notice of disagreement. A disability lawyer for veterans can assist the claimant through the three decision review options -- an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the military's culture when selecting a New York grandville veterans disability law firm' disability lawyer. This can make things easier for you to understand and reduce the requirement to explain your situation and experiences in a layman's way.

You want a firm who will take on your case throughout the lengthy appeals process. Beware of firms that only help you with the initial stages of your case, only to then disappear.

An experienced New York prairie View veterans disability Law firm' disability lawyer can assist you in all phases of the claim, including appeals. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you to get your benefits, including monetary compensation, aid and attendance, education benefits or unemployed benefits.

Achieving a Higher Rating

There may be a point when your disability becomes more serious or your symptoms become more complicated or broad. It makes sense in this scenario to ask for an increase in rating. A veterans disability lawyer can assist you in this process, and assist you in locating evidence to justify your request.

It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you deserve. If they miss an injury you've suffered or overlook a problem that could be combined with other disabilities to receive higher ratings It's worthwhile to have a professional look over your records to spot any errors.

You may still make a higher-level claim, or review if you have been assessed for more than a calendar year. These involve a full review of your file and can result in a change to your effective date or an entirely new rating that's more in line with how you truly feel.

It's also advisable to file an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or greater. A disability attorney can assist you in putting together a compelling argument for this type of rating which is reserved for very difficult to treat disabilities. A mental health condition for instance, might allow you to receive a 100 percentage disability rating since it could hinder your employment or trigger frequent hospitalizations that don't normally trigger this level for a heart issue or other medical condition.

Assistance with the Appeals Process

Despite what some people may believe that denial of an appeal for disability by the VA is not the end of an individual's chance to receive benefits. In fact, a former veteran can wait one year from date their local veterans hospital or office mails them a decision that is not favorable to appeal.

A skilled veteran disability lawyer can help a veteran determine which of the three current appeals options is most appropriate for their particular situation. They can also assist with gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can provide a veteran an additional formal hearing before an Veterans Law judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim deserves. They will also have extensive experience in managing VA disability claims, and they know the rules and procedures in detail. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates an unique type of empathy, which can enhance the outcome of a case involving a disabled veteran.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims free of charge to determine if we are able to help you. Contact us today to schedule your free evaluation.